Government announces £80m plan to tackle domestic abuse and violence

It has recently been announced that the Government has set aside £80m over the next four years to tackle domestic violence including frontline work including refuges and rape crisis centres.

As reported in the Children & Young People Now publication - that "close to 200,000 initial child protection assessments during 2014/15 involved domestic violence as an identifiable factor…In total 1.35 million women experienced domestic abuse in 2014/15."

The plan will be designed to encourage new approaches to tackle domestic violence, support victims and prevent perpetrators from reoffending.

The Home Secretary Theresa May has said that "As the true scale of these crimes is revealed we need to strengthen our work to change attitudes, improve prevention and where possible rehabilitate offenders to stop reoffending….And to ensure all victims get the right support at the right time, we will drive a real transformation of service provision, providing support to local commissioners so that all areas rise to the level of the best."

To read the full article please click here.

One to one help sessions for violent domestic abusers

In a bid to alter their behaviours, men who pose a high risk of domestic violence are to be given one-to-one support to promote change.

Known as ‘Drive’ the new programme will be piloted in Essex, Sussex and South Wales.

Ms Williams - a previous victim of such crimes - supports the initiative saying - “We’ve got to try and change the mindset of the perpetrator and hold them accountable for their actions.”

Although another woman who experienced a “hellish five-year marriage to an abusive man” argues that the Drive scheme would not work and that the money would be better spent on support for the victims, saying “ The majority - although not all - of serial perpetrators of domestic violence do it out of choice, not because they have a drug, alcohol, social or financial problems”.

The chief executive of Refuge - Sandra Horley seemed to agree and commented that there was “no evidence - here or abroad - that therapy programmes for violent partners work….on the face of it, it seems like a worthy thing to do.  In an ideal world we would approach it from both sides.  But we don’t live in an ideal world.”

The Drive programme will give individuals bespoke one-to-one sessions and it is expected that 900 offenders will be asked to take part in the scheme over the next three years.

To read the full article on this story covered by BBC News please click here.

Legal challenge lost for heterosexual couple who wanted a civil partnership rather than marriage

On the 29th January 2016, the BBC reported that Rebecca Steinfeld and Charles Keidan have had their claim dismissed by Justice Andrews.

Amongst other arguments against their claim, the government fought the point that now that gay couples are able to marry, civil partnerships might well be abolished or phased out in the future. I would however note at this point that it was said at an earlier heading, that the future of civil partnerships had not been decided - with the government waiting to see ‘how extending marriage to same -sex couples impacts upon civil partnerships before reaching a decision on the future of civil partnerships’.

Justice Andrews also concluded in her ruling that: ”opposite-sex couples are not disadvantaged by the hiatus, because they can achieve exactly the same recognition of their relationship and the same rights, benefits and protections by getting married, as they always could,"

After the ruling, Ms Steinfeld said the government was "barring us, and many thousands of opposite-sex couples like us, from the choice of forming a civil partnership".  Mr Keidan said "the fight goes on" and there was still a chance "for this wrong to be righted in time".

The right to an opposite-sex civil partnership?

The interesting case of Rebecca Steinfield and Charles Keidan will be heard this week, where they await to see if a High Court judge will allow them to form a civil partnership - much like the thousands of same-sex couples who have this union.

Steinfield argues that the 2004 Civil Partnership Act is discriminative, as a civil partnership is not open to “anybody and everybody regardless of sex or sexual orientation.”

Their claim is against the government’s equalities office.

Steinfield also draws upon the fact that staying as a cohabiting couple, they would lack the legal protections afforded to married couples and  particularly legal protections for women - who she argues can often be left in a more vulnerable position.

The pending decision could affect around three million heterosexual couples who live together outside wedlock and lawyers estimate that more than half a million of them could opt for a civil partnership if given the chance.

An online petition in favour of civil partnerships for opposite-sex couples has so far obtained over 33,000 signatures.

To read the full story in The Independent here.

Government changes law to make coercive control a criminal offence

From December 29th 2015, coercive or controlling domestic abuse will lead to a potential five-year prison term as The Guardian reports: ‘’The new legislation will enable the CPS to bring charges where there is evidence of repeated, or continuous, controlling or coercive behaviour within an intimate or family relationship.’’

The CPS has said : “This type of abuse in an intimate or family relationship can include a pattern of threats, humiliation and intimidation, or behaviour such as stopping a partner socialising, controlling their social media accounts, surveillance through apps and dictating what they wear. Controlling or coercive behaviour causes someone either: to fear that violence will be used against them on at least two occasions; or serious alarm or distress which has a substantial effect on their usual day-to-day activities.’’

This behaviour can include:
- Stopping or changing the way someone socialises
- Limiting access to family, friends and finances
- Monitoring a person via online communication tools e.g. tracking apps on mobile phones
- Repeatedly putting them down such as telling them they are worthless
- Humiliating and embarrassing the victim

As well as the CPS legal guidance, prosecutors will receive specialist training on the new legislation. This will form part of the CPS' extensive work on wider domestic abuse, including a charging advice checklist for police and prosecutors and an evidence-gathering checklist for officers on the ground - both jointly published by the police and the CPS.  To read more please click here.

Polly Neate, Chief Executive of Women's Aid, said:
"Coercive control is at the heart of domestic abuse. Perpetrators will usually start abusing their victim by limiting her personal freedoms, monitoring her every move, and stripping away her control of her life; physical violence often comes later. Women's Aid and other organisations campaigned to have this recognised in law, and we are thrilled that this has now happened. It is a landmark moment in the UK's approach to domestic abuse, and must be accompanied by comprehensive professional training and awareness raising among the public."

Here at Hopkins Law our specialist team are very experienced with domestic abuse cases and provide expert, reassuring and friendly legal advice whatever your circumstances.  Should you wish to discuss anything relating to these new changes and speak confidentially to a member of our domestic violence team, please call us on: 029 2039 5888

Additional funding set for post adoption support in 2016/17

Children & Young People Now reports that Local Authorities are set to be given additional funding to provide support for adopted children.

The Department for Education has told Adoption UK to expect a rise in the £19.3m figure that was provided for the current 2015/16 fund.

The Adoption Support Fund (ASF) is available for councils to apply for funding, to provide numerous services to help adopted children recover from previous experiences - such as: cognitive therapy, play and music therapy, and intensive family support.

Since the fund was established, around 1,800 applications have been approved for support for around 2,000 children.

The Department for Education is set to make an announcement in the New Year concerning exactly how much the ASF is set to receive during 2016.

Update on the 'no fault divorce proposal'

I have been away from blogging for a while - apologies if you have missed me.

Picking up from an October post regarding a ‘no fault divorce’ proposal that was put froward by the Conservative MP - Richard Bacon, it seems as though this is gaining some momentum.  The bill is to receive it’s second reading at the end of January.

Resolution chair Jo Edwards commented:

”We are pleased to see Richard Bacon's bill having a second reading. If MPs are serious about reducing family conflict and the trauma that can be caused by divorce, I would urge them to support the bill as a welcome step towards removing the requirement of fault from divorce.

The article - that is covered in full in Family Law week - details the published research by Resolution (YouGov June 2015) that shows that the fault based nature of divorce in England and Wales has driven 27% of divorcing couples to make false allegations in court.  This relates to data on those divorcing within two years of a marriage breakdown.

The research also highlighted that 52% of divorce petitions were fault-based, alleging either unreasonable behaviour or adultery.

It will be interesting to see how the discussions on the proposals go when MP's debate it on 22nd January 2016.